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10-28 09:52 AM
It's time we seriously ponder fixing the Constitution (http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2007/10/28/INCHSUV9I.DTL&hw=immigration&sn=008&sc=247) By Larry J. Sabato | San Francisco Chronicle, October 28, 2007
Professor Larry J. Sabato is the author of "A More Perfect Constitution: 23 Proposals to Revitalize Our Constitution and Make America a Fairer Country" (Walker & Company, 2007). He is the founder and director of the Center for Politics at the University of Virginia. Contact us at insight@sfchronicle.com.
What is the undisturbed and unaddressed source of many of the nation's current difficulties? It's the Constitution of the United States.
The Constitution has become a secularly sacred document, as though God handed it to Moses in a third tablet on the Mount. The 2008 presidential candidates have been offering us prescriptions for everything from Iraq to health care over the past several months. But here is the problem: Their fixes are situational and incremental. In the meantime, underlying structural problems with America's governmental and political system are preventing us from solving our most intractable challenges.
If progress as a society is to be made, it is time for elemental change. The last place we look to understand why the U.S. system isn't working well anymore - the Constitution - should be the first place. A careful look at constitutional reform should begin now and culminate in a new Constitutional Convention.
Does this sound radical? If so, then the framers were radicals, too. They would be both disappointed and amazed that after 220 years, the inheritors of their Constitution had not tried to adapt to new developments they could never have anticipated in Philadelphia in 1787. Urging his future countrymen to take advantage of their own experiences with government, George Washington declared, "I do not think we are more inspired, have more wisdom, or possess more virtue, than those who will come after us."
Thomas Jefferson insisted that "No society can make a perpetual Constitution. ... The earth belongs always to the living generation. ... Every Constitution ... naturally expires at the end of 19 years," the length of a generation in Jefferson's time.
The overall design of the Constitution remains brilliant and sound with respect to the Bill of Rights and the separation of powers. But there are numerous archaic provisions that inhibit constructive change and adaptation to a 21st century world unimaginable to the framers.
Let's explore a few: More than 14 million U.S. citizens are automatically and irrevocably barred from holding the office of president simply because they were not born in the United States - either they are immigrants or their U.S. mothers gave birth to them while outside U.S. territory. This exclusion creates a noxious form of second-class citizenship. The requirement that the president must be a "natural born citizen" should be replaced with a condition that a candidate must be a U.S. citizen for at least 20 years before election to the presidency.
Both the Vietnam and Iraq conflicts have illustrated a modern imbalance in the constitutional power to wage war. Once Congress consented to these wars, presidents were able to continue them for many years long after popular support had drastically declined. Limit the president's war-making authority by creating a provision that requires Congress to vote affirmatively every six months to continue U.S. military involvement. Debate in both houses would be limited so that the vote could not be delayed. If either house of Congress voted to end a war, the president would have one year to withdraw all combat troops.
If the 26 least populated states voted as a bloc, they would control the U.S. Senate with a total of just under 17 percent of the country's population. This small-state stranglehold is not merely a bump in the road; it is a massive roadblock to fairness that can, and often does, stop all progressive traffic. We should give each of the 10 most populated states two additional Senate seats and give each of the next 15 most populated states one additional seat. Sparsely populated states will still be disproportionately represented, but the ridiculous tilt to them in today's system can be a thing of the past.
If someone purposefully tried to conjure up the most random and illogical method of nominating presidential candidates, the resulting system would probably look much as ours does today. The incoherent lineup of primaries and caucuses forces candidates to campaign at least a year before the first nomination contest so they can become known nationwide and raise the money needed to compete. Congress should be constitutionally required to designate four regions of contiguous states; the regions would hold their nominating events in successive months, beginning in April and ending in July. A U.S. Election Lottery, to be held on Jan. 1 of the presidential election year, would determine the order of regional events. The new system would add an element of drama to the beginning of a presidential year while also shortening the campaign: No one would know in which region the contest would begin until New Year's Day.
Excessive authority has accrued to the federal courts, especially the Supreme Court - so much so that had the framers realized the courts' eventual powers, they would have limited judicial authority. The insularity of lifetime tenure, combined with the appointments of relatively young attorneys who give long service on the bench, produces senior judges representing the views of past generations better than views of the current day. A nonrenewable term limit of 15 years should apply to all federal judges, from the district courts all the way up to the Supreme Court.
This all is just a mere scratch on the surface in identifying long-overdue constitutional reforms. There are dozens of other worthy proposals than can and ought to be discussed, if we but have the will to imagine a better Constitution. No rational person will rush to change the Constitution, and it will take many years of thorough-going work. But let's at least start the discussion, and begin thinking about the generation-long process that could lead to a new constitutional convention sometime this century.
Professor Larry J. Sabato is the author of "A More Perfect Constitution: 23 Proposals to Revitalize Our Constitution and Make America a Fairer Country" (Walker & Company, 2007). He is the founder and director of the Center for Politics at the University of Virginia. Contact us at insight@sfchronicle.com.
What is the undisturbed and unaddressed source of many of the nation's current difficulties? It's the Constitution of the United States.
The Constitution has become a secularly sacred document, as though God handed it to Moses in a third tablet on the Mount. The 2008 presidential candidates have been offering us prescriptions for everything from Iraq to health care over the past several months. But here is the problem: Their fixes are situational and incremental. In the meantime, underlying structural problems with America's governmental and political system are preventing us from solving our most intractable challenges.
If progress as a society is to be made, it is time for elemental change. The last place we look to understand why the U.S. system isn't working well anymore - the Constitution - should be the first place. A careful look at constitutional reform should begin now and culminate in a new Constitutional Convention.
Does this sound radical? If so, then the framers were radicals, too. They would be both disappointed and amazed that after 220 years, the inheritors of their Constitution had not tried to adapt to new developments they could never have anticipated in Philadelphia in 1787. Urging his future countrymen to take advantage of their own experiences with government, George Washington declared, "I do not think we are more inspired, have more wisdom, or possess more virtue, than those who will come after us."
Thomas Jefferson insisted that "No society can make a perpetual Constitution. ... The earth belongs always to the living generation. ... Every Constitution ... naturally expires at the end of 19 years," the length of a generation in Jefferson's time.
The overall design of the Constitution remains brilliant and sound with respect to the Bill of Rights and the separation of powers. But there are numerous archaic provisions that inhibit constructive change and adaptation to a 21st century world unimaginable to the framers.
Let's explore a few: More than 14 million U.S. citizens are automatically and irrevocably barred from holding the office of president simply because they were not born in the United States - either they are immigrants or their U.S. mothers gave birth to them while outside U.S. territory. This exclusion creates a noxious form of second-class citizenship. The requirement that the president must be a "natural born citizen" should be replaced with a condition that a candidate must be a U.S. citizen for at least 20 years before election to the presidency.
Both the Vietnam and Iraq conflicts have illustrated a modern imbalance in the constitutional power to wage war. Once Congress consented to these wars, presidents were able to continue them for many years long after popular support had drastically declined. Limit the president's war-making authority by creating a provision that requires Congress to vote affirmatively every six months to continue U.S. military involvement. Debate in both houses would be limited so that the vote could not be delayed. If either house of Congress voted to end a war, the president would have one year to withdraw all combat troops.
If the 26 least populated states voted as a bloc, they would control the U.S. Senate with a total of just under 17 percent of the country's population. This small-state stranglehold is not merely a bump in the road; it is a massive roadblock to fairness that can, and often does, stop all progressive traffic. We should give each of the 10 most populated states two additional Senate seats and give each of the next 15 most populated states one additional seat. Sparsely populated states will still be disproportionately represented, but the ridiculous tilt to them in today's system can be a thing of the past.
If someone purposefully tried to conjure up the most random and illogical method of nominating presidential candidates, the resulting system would probably look much as ours does today. The incoherent lineup of primaries and caucuses forces candidates to campaign at least a year before the first nomination contest so they can become known nationwide and raise the money needed to compete. Congress should be constitutionally required to designate four regions of contiguous states; the regions would hold their nominating events in successive months, beginning in April and ending in July. A U.S. Election Lottery, to be held on Jan. 1 of the presidential election year, would determine the order of regional events. The new system would add an element of drama to the beginning of a presidential year while also shortening the campaign: No one would know in which region the contest would begin until New Year's Day.
Excessive authority has accrued to the federal courts, especially the Supreme Court - so much so that had the framers realized the courts' eventual powers, they would have limited judicial authority. The insularity of lifetime tenure, combined with the appointments of relatively young attorneys who give long service on the bench, produces senior judges representing the views of past generations better than views of the current day. A nonrenewable term limit of 15 years should apply to all federal judges, from the district courts all the way up to the Supreme Court.
This all is just a mere scratch on the surface in identifying long-overdue constitutional reforms. There are dozens of other worthy proposals than can and ought to be discussed, if we but have the will to imagine a better Constitution. No rational person will rush to change the Constitution, and it will take many years of thorough-going work. But let's at least start the discussion, and begin thinking about the generation-long process that could lead to a new constitutional convention sometime this century.
Blog Feeds
02-16 12:20 PM
The American Immigration Council, an organization that does great work fighting for immigrants, annually honors immigrants of achievement. This year they have selected Cambodian-born Luong Ung who has been the national spokeswoman for Campaign for a Landmine-free World. She's worked on that worthy cause for 13 years. Ms. Ung came to America as a refugee of the "Killing Fields" in her native country and has paid the goodwill back by working on a cause that few would argue is vitally important. Congratulations Ms. Ung.
More... (http://blogs.ilw.com/gregsiskind/2011/02/luong-ung-immigrant-of-the-day-human-rights-activist.html)
More... (http://blogs.ilw.com/gregsiskind/2011/02/luong-ung-immigrant-of-the-day-human-rights-activist.html)
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a_yaja
02-19 09:29 PM
I filed 485 last july and want to file EAD now. I had FP done last year. If I do efiling for EAD will I have to go to ASC for photos. I saw in other posts that they have linked Biometrics but what abt the photos ?
Thanks
eFiling EAD will result in ASC appointment for code 2 biometics (Finger Printing of right Index finger + photo). You need to take the appointment letter and one form of photo id (passport or drivers id).
I had my ASC apt. for eFiled EAD last week (Feb. 12th).
Thanks
eFiling EAD will result in ASC appointment for code 2 biometics (Finger Printing of right Index finger + photo). You need to take the appointment letter and one form of photo id (passport or drivers id).
I had my ASC apt. for eFiled EAD last week (Feb. 12th).
more...
RNGC
10-22 01:40 PM
Ok, Lots of people have been telling good ideas.....Here is one more.
As part of our campaign on these legislations (HR 5882, HR 5921 & HR 6039 ), I wrote to my congressman. Afte sometime I got a reply and I was suprised that he had personally signed it. I know many IV members have contacted their congressman/Senators and they might have got a reply back.
My idea is that we should all mail the responses we got from our law makers to IV core. They can collect these letters, highlight the positive responses the lawmakers have said and send them to the chairman of "Judiciary" committee. This way IV can raise its stature and be know as a organisation for Legal Immigrants who are doing the right thing by contacting the law makers.
Makes sense ?
As part of our campaign on these legislations (HR 5882, HR 5921 & HR 6039 ), I wrote to my congressman. Afte sometime I got a reply and I was suprised that he had personally signed it. I know many IV members have contacted their congressman/Senators and they might have got a reply back.
My idea is that we should all mail the responses we got from our law makers to IV core. They can collect these letters, highlight the positive responses the lawmakers have said and send them to the chairman of "Judiciary" committee. This way IV can raise its stature and be know as a organisation for Legal Immigrants who are doing the right thing by contacting the law makers.
Makes sense ?
sashidhar_gundimeda
01-18 09:36 PM
Hello All,
I am new to this forum and this is my first post. I am not sure if I can even bring this topic up about PERM in this forum. So, if this is irrelavant, please let me know.
My employer will be submitting a PERM application for my L.C. in a day or two. All the requirements for the job are complete. My question is, on the applciation there is question (Q:12) which states about "business necessity" and my employe will be checking "NO" as the answer. I am not sure what impication this could have on my application. The job requirement is B.S. degree with 5 yrs experience. I have a M.S. degree with 5 Yrs experience.
Please let me know if we are going in the right direction.
Thanks!
I am new to this forum and this is my first post. I am not sure if I can even bring this topic up about PERM in this forum. So, if this is irrelavant, please let me know.
My employer will be submitting a PERM application for my L.C. in a day or two. All the requirements for the job are complete. My question is, on the applciation there is question (Q:12) which states about "business necessity" and my employe will be checking "NO" as the answer. I am not sure what impication this could have on my application. The job requirement is B.S. degree with 5 yrs experience. I have a M.S. degree with 5 Yrs experience.
Please let me know if we are going in the right direction.
Thanks!
more...
crystal
08-27 04:24 PM
I guess that is also H1B as H1B for non-profit organizations does not fall under yearly quota .they can get H1B anytime , so no need to wait til Oct.
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test005
05-12 11:43 PM
Please suggest.
more...
Munshi75
11-09 05:57 PM
you should have your I-140 approved to claim your previous PD for future LC.
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susie
04-30 11:20 PM
Just to let you know we have a few signatures but need thousands more,
I am sure many of you know so many people that could help a lot by just a signature , please do all you can to help the widows and other immigration victims by signing the petition , thanks to all who signed :)
I am sure many of you know so many people that could help a lot by just a signature , please do all you can to help the widows and other immigration victims by signing the petition , thanks to all who signed :)
more...
gc_kaavaali
11-29 03:01 PM
Congratulations!!! can u share your PD, category and RD?
got my 485 aproval noice today... whew! after 5 years!
got my 485 aproval noice today... whew! after 5 years!
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iad2ead
10-27 04:38 AM
Does Lawyer receives AP and sends it to us OR does applicants receive it?
I haven't received AP yet. got EAD/FP/notices.
cheers
Iad
I haven't received AP yet. got EAD/FP/notices.
cheers
Iad
more...
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bugsbunny
04-16 09:20 PM
Can you use your spouse's cross-changeability after you have filed for your I-140 already ? How time consuming is this for the USCIS to acknowledge ?
i am quite sure you can...infact you can do this at any stage including after filing I-485.
please verify with an attorney...you will need one to do it correctly.
i am quite sure you can...infact you can do this at any stage including after filing I-485.
please verify with an attorney...you will need one to do it correctly.
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Blog Feeds
12-11 10:00 PM
The CBO report DREAM Act advocates have been touting reflects a net plus of $2.3 billion against the federal deficit. But that's the SENATE version that was analyzed. If the antis are right and 2,000,000 people will benefit from DREAM, the House version's new $2525 in filing fees will mean an additional $5 billion will be raised. Why, it would be fiscally irresponsible NOT to vote for DREAM!
More... (http://blogs.ilw.com/gregsiskind/2010/12/new-version-of-dream-act-would-raise-additional-5-billion.html)
More... (http://blogs.ilw.com/gregsiskind/2010/12/new-version-of-dream-act-would-raise-additional-5-billion.html)
more...
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looneytunezez
06-23 02:31 PM
Work Visa Solution: H1B Visa, H1B Visa Sponsor, Visa Jobs, Green Card, Immigration Attorney | MyVisajobs.com (http://www.myvisajobs.com/)
....yep, thats the one! :) :D
....yep, thats the one! :) :D
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DoubleN
06-28 02:27 PM
I believe you should inform about the current status of your wife.
more...
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krishnam70
07-23 09:30 PM
Is there a web site to check I-140 and I485 status??.
www.immigrationwatch.com
check it out
www.immigrationwatch.com
check it out
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voldemar
03-23 11:59 AM
next: Senate has to introduce their version
Senate can pick up House version after House voting.
Senate can pick up House version after House voting.
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precious123
03-22 06:20 PM
Dear Attorney,
Below are my details:
Current work status : H1B
Applied for I-485 , July'07 filer, priority date: jun EB3 category
My husband details:
Current work status : H1B
Applied for I-485 , July'07 filer, priority date: Feb EB3 category
We both have separate EADs and H1B visas and are independent of each other currently.
Because my priority date is 2006 and my husband's is in 2005, there is more possibility that he may get GC before my PD becomes current.
When my husband's priority date becomes current, he wants to file it for me again so i would get GC along with him.
I am now considering to look out for jobs and use my EAD card with new employer.
Can I make my EAD active ? Will it cause any problems when my husband's priority date becomes current and when we file my application along with his ?
Any input is greatly appreciated.
Thanks.
Below are my details:
Current work status : H1B
Applied for I-485 , July'07 filer, priority date: jun EB3 category
My husband details:
Current work status : H1B
Applied for I-485 , July'07 filer, priority date: Feb EB3 category
We both have separate EADs and H1B visas and are independent of each other currently.
Because my priority date is 2006 and my husband's is in 2005, there is more possibility that he may get GC before my PD becomes current.
When my husband's priority date becomes current, he wants to file it for me again so i would get GC along with him.
I am now considering to look out for jobs and use my EAD card with new employer.
Can I make my EAD active ? Will it cause any problems when my husband's priority date becomes current and when we file my application along with his ?
Any input is greatly appreciated.
Thanks.
chanduv23
06-14 06:46 AM
Dear All,
As I work for a consulting company and my previous lawyer was my employer's ass kisser, I decided to go for a new lawyer.
(1) Will the new lawyer need any documents from old lawyer? As such I have copies of everything till now
(2) My employer is in Dallas and I am on a project in New Jersey, but my petition is for my permanant work location in Dallas - is it advisable to choose a lawyer from Dallas (future employment area) or NYC/NJ where I currently have my project (i plan to stay here for a while) - what is the general take - physical accessibility to lawyer or choose lawyer close to company location?
(3) How hard is it to find lawyers? Last month when dates moved considerably - I heard lawyers have been stressed and over burdened over the mad rush of petitions and have been least responsive - will lawyers take new cases in such situations???
(4) Can anyone suggest a communicative lawyer? The best of all :)
Thanks for your responses
As I work for a consulting company and my previous lawyer was my employer's ass kisser, I decided to go for a new lawyer.
(1) Will the new lawyer need any documents from old lawyer? As such I have copies of everything till now
(2) My employer is in Dallas and I am on a project in New Jersey, but my petition is for my permanant work location in Dallas - is it advisable to choose a lawyer from Dallas (future employment area) or NYC/NJ where I currently have my project (i plan to stay here for a while) - what is the general take - physical accessibility to lawyer or choose lawyer close to company location?
(3) How hard is it to find lawyers? Last month when dates moved considerably - I heard lawyers have been stressed and over burdened over the mad rush of petitions and have been least responsive - will lawyers take new cases in such situations???
(4) Can anyone suggest a communicative lawyer? The best of all :)
Thanks for your responses
EJC
07-02 03:53 PM
I just registered but I have been reading the forums a long time.
This is bad news about July visa bulletin being changed. I'm sorry for everybody who had bad news.
I think maybe it is bad news for me too.
I was waiting for interview letter, my PD is March 2006 but I am going thru consular processing. I have I140 approved since February 2006.
I have 'case complete' and was waiting for packet 4.
I don't know what this all means for me now.
This is bad news about July visa bulletin being changed. I'm sorry for everybody who had bad news.
I think maybe it is bad news for me too.
I was waiting for interview letter, my PD is March 2006 but I am going thru consular processing. I have I140 approved since February 2006.
I have 'case complete' and was waiting for packet 4.
I don't know what this all means for me now.
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